Tennessee § 22-2-310 - Impaneling jurors — Additional jurors.

§ 22-2-310. Impaneling jurors — Additional jurors.

The members of the grand and petit juries shall be made up as provided by law from the jury pool. In the event the original jury pool does not include a sufficient number of jurors, courts shall follow the procedures in subsection (b) for securing additional jurors. These additional names shall supplement, not replace, the original jury pool. These procedures shall be repeated, as necessary, until the grand and petit juries are completed. Regardless of whether a county utilizes the automated or manual method of jury selection, additional names shall be selected for the special jury pool in the same manner this part provides for the selection of the original jury pool. Likewise, these members of the special jury pool shall be summoned in the manner specified in § 22-2-307. In the event the presiding judge of the judicial district is unavailable for good cause, any judge of the court for which the jury pool is being selected may perform the duties required of the presiding judge. If a judge presiding over a trial discovers that the number of jurors constituting the panel, or venire, assigned to the trial is not adequate to secure a petit jury and that the jury pool has been exhausted or contains an insufficient number of jurors, the judge shall direct the jury coordinator to comply with subsection (b) unless the trial is pending in a county that utilizes the manual method of jury selection. In that event, the judge shall direct the jury coordinator to produce the jury box in open court, the judge shall open the box, and there shall be drawn from the box, as directed by the judge, the number of names deemed by the judge to be sufficient to secure a petit jury for that trial. These prospective jurors shall be summoned by personal service pursuant to § 22-2-307(b) if time constraints preclude compliance with the notice requirement in § 22-2-307(a). If a judge causes the jury box to be unlocked pursuant to subdivision (c)(1), the judge shall cause it to be relocked and sealed by the jury coordinator, and the judge shall write the judge's own name across the seal. The box then shall be returned by the jury coordinator to its place of keeping. In the event the names of jurors are selected pursuant to subsection (c) for service in a particular trial, the jury coordinator shall make a list of such names, but the names shall not be removed from the jury list and, in counties utilizing the manual method of jury selection, shall be returned to the jury box. Service on a jury pursuant to subsection (c) does not constitute jury service for purposes of § 22-2-314, and shall not disqualify or excuse any person from service on the regular juries if the person's name is regularly drawn. Jurors selected pursuant to this section may be excused for good cause. Acts 2008, ch. 1159, § 1. Code Commission Notes. The version of this chapter 2 that is applicable in counties having a population of not less than 19,500, nor more than 19,775 and in counties having a population of not less than 28,350, nor more than 28,450, according to the 2000 federal census or any subsequent federal census, was transferred to chapter 5 of this title by the code commission in 2008. Compiler's Notes. Former chapter 2, §§ 22-2-101 — 22-2-315 (Acts 1959, ch. 8, §§ 1-16, 18, 19, 21; 1961, ch. 124, § 1; 1961, ch. 206, § 1; 1967, ch. 182, §§ 1, 2; 1972, ch. 498, § 1; 1972, ch. 826, § 1; 1974, ch. 548, § 1; 1975, ch. 254, §§ 1, 2; 1980, ch. 714, §§ 1-4; 1980, ch. 903, §§ 1-8, 10, 11; 1981, ch. 317, § 1; T.C.A., § 22-223 — 22-236, 22-238 — 22-242, 22-244; Acts 1981, ch. 82, §§ 1-3; 1983, ch. 108, §§ 1-3; 1984, ch. 649, § 1; 1984, ch. 650, § 1; 1984, ch. 716, § 1; 1985, ch. 343, §§ 1, 2; 1988, ch. 736, § 1; 1989, ch. 449, § 1; 1989, ch. 591, §§ 1, 6; 1993, ch. 291, § 1; 1993, ch. 309, § 1; 1994, ch. 642, § 1; 2000, ch. 733, § 1; 2005, ch. 254, § 1; 2005, ch. 429, § 3), concerning selection and attendance of jurors, was repealed by Acts 2008, ch. 1159, § 1, effective January 1, 2009, except in certain counties. See this version of chapter 2 for provisions effective January 1, 2009, except in counties having a population of not less than 19,500, nor more than 19,775 and in counties having a population of not less than 28,350, nor more than 28,450, according to the 2000 federal census or any subsequent federal census. See chapter 5 of this title for provisions effective in counties having a population of not less than 19,500, nor more than 19,775 and in counties having a population of not less than 28,350, nor more than 28,450, according to the 2000 federal census or any subsequent federal census. Acts 2011, ch. 209, § 1 deleted § 22-2-101(b)(1) and (2), effective July 1, 2011. Since § 22-2-101(b)(1) and (2) have been deleted, this chapter is no longer only effective in certain counties, and jurors and jury panels for the counties formerly referenced in § 22-2-101(b)(1) shall no longer be selected in accordance with this chapter as it existed prior to January 1, 2009, which was formerly compiled in title 22, ch. 5, which has been deleted. Attorney General Opinions. Authority of jury coordinator to select prospective jurors to serve on jury panels. OAG 10-125, 2010 Tenn. AG LEXIS 131 (12/30/10). Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 25.21, 25.43. Tennessee Forms (Robinson, Ramsey and Harwell), No. 3-6-6. Tennessee Jurisprudence, 17 Tenn. Juris., Jury, §§ 16, 18. Law Reviews. Six-Member Juries: Does Size Really Matter? 67 Tenn. L. Rev. 743 (2000). The Tennessee Court Systems — The Jury System, 8 Mem. St. U.L. Rev. 489. Collateral References. Jury 143-150.